NY Appellate Courts Cancel Oral Arguments and Suspend Filing Deadlines

March 18, 2020 | Henry M. Mascia | Appeals

The outbreak of COVID-19 presents the New York court system with unprecedented challenges.  New York’s appellate courts have responded by taking swift, decisive action.  Attorneys litigating in New York’s appellate courts should be aware of the modifications to oral argument and the deadlines established by court rules.

The courts have made other temporary changes, and links to the courts’ websites are included to aid the practitioner.

Oral Arguments

Court of Appeals https://www.nycourts.gov/ctapps/news/nottobar/nottobar03132020.pdf

  • New York’s highest court, the New York Court of Appeals, has adjourned the oral arguments remaining in the March session.
  • No decisions have been made for the April/May session.

First Department http://www.courts.state.ny.us/courts/ad1/PDFs/Temporary%20Suspension%20Order.pdf

  • Oral arguments calendared for March 17-19th will be heard on submission.
  • Oral arguments calendared for March 24-27th will be heard on submission, unless a party receives special permission, which must be sought in writing via e-mail (AD-1-clerks-office@nycourts.gov) by March 19, 2020 at 5:00 p.m.
  • Appeals calendared for the second and third weeks of the April Term will be re-calendared.

Second Department http://www.courts.state.ny.us/courts/ad2/covid-19.shtml

  • Matters on the Court’s calendar beginning March 17th shall be taken under submission until further notice.
  • The Court will continue to process its calendars through April 2, 2020. Oral argument by Skype is permitted. Parties must email the Clerk of the Court at ad2clerk@nycourts.gov to exercise this option.

Third Department http://www.courts.state.ny.us/ad3/COVID-19%20EMERGENCY%20PROCEDURES.pdf

  • Matters on the Court’s calendar in the March term shall be taken under submission until further notice.
  • All matters currently scheduled for the April term are adjourned and will be re-calendared for a later term.
  • For matters scheduled for the March 2020 or April 2020 term that a party deems are an emergency, the party must notify the Court in writing, on notice to their adversaries, to request that the Court treat the matter as urgent to ad3clerksoffice@nycourts.gov, and must indicate in the subject of the email the urgent nature of the request.

Fourth Department https://ad4.nycourts.gov/press/notices/5e7141e264366a7c68aeec23

  • All matters calendared for the March/April 2020 term will be considered on submission only, without oral argument.
  • All matters currently scheduled for the May 2020 term are adjourned and will be re-calendared for a later term. For matters scheduled for the March/April 2020 term or the May 2020 term that are deemed urgent by a party, notify the Court in writing to ad4-clerk@nycourts.gov, on notice to all parties and indicate the urgent nature of the request.
  • Such notification must be made no later than April 9, 2020.

Filing Deadlines

Court of Appeals https://www.nycourts.gov/ctapps/news/nottobar/nottobar03132020.pdf

  • All deadlines remain in effect

First Department http://www.courts.state.ny.us/courts/ad1/PDFs/Temporary%20Suspension%20Order.pdf

  • All perfection, filing and other deadlines established by court order or the Practice Rules of the Appellate Division (22 NYCRR part 1250), the Rules of the Appellate Division, First Department (22 NYCRR parts 600 and 603), or Electronic Filing Rules of the Appellate Division (22 NYCRR part 1245) are suspended indefinitely, except for matters perfected for the May 2020 and June 2020 terms.

Second Department http://www.courts.state.ny.us/courts/ad2/covid-19.shtml

  • The following deadlines are suspended indefinitely: All perfection, filing and other deadlines established by court order or the Practice Rules of the Appellate Division (22 NYCRR part 1250), the Rules of Practice of the Court (22 NYCRR part 670), or Electronic Filing Rules of the Appellate Division (22 NYCRR part 1245).

Third Department http://www.courts.state.ny.us/ad3/COVID-19%20EMERGENCY%20PROCEDURES.pdf

  • The following deadlines are suspended indefinitely: All perfection, filing and other deadlines set forth in any order of the Court or the Practice Rules of the Appellate Division (22 NYCRR part 1250), the Rules of Practice of the Court (22 NYCRR parts 806 and 850), or Electronic Filing Rules of the Appellate Division (22 NYCRR part 1245).

Fourth Department  https://ad4.nycourts.gov/press/notices/5e7141e264366a7c68aeec23

  • The following deadlines are suspended indefinitely: All perfection, filing and other deadlines set forth in any order of the Court or the Practice Rules of the Appellate Division (22 NYCRR part 1250), the Rules of Practice of the Court (22 NYCRR parts 1240 and 1250), or Electronic Filing Rules of the Appellate Division (22 NYCRR part 1245).

The suspension of filing deadlines does not include the deadline to file a notice of appeal, which is filed at the trial court.  Practitioners should consult with an experienced appellate attorney, as the crisis and the courts’ response to it are changing rapidly.

Related Publications


Get legal updates and news delivered to your inbox